Section 134 Trade Marks Act 1999 read with Section 142 prevents TRESPASS on a trade mark. Section 142(1) makes liable any person who makes a GROUNDLESS THREAT of legal proceedings for trade mark infringement to:
Answer & Solution
Correct answer: D.
1. Section 142(1) Trade Marks Act 1999: 'Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the registered user of the trade mark, bring a suit against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages (if any) as he has sustained thereby.'
2. Section 142(2): UNLESS the person making the threats proves that the trade mark is registered AND the acts in respect of which the proceedings were threatened constitute infringement.
3. Sub-section (3) clarifies what constitutes a 'threat'.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 142_
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